2 casinos in state temporarily close doors; Tyson vows to continue assault on gambling

G.M. Andrews/Press-RegisterMobile County District Attorney John Tyson Jr., who heads Gov. Bob Riley's anti-gambling task force, talks to editors and reporters during a meeting of the Press-Register's editorial board Tuesday, Feb. 2, 2010, at the newspaper's offices in Mobile. Though acknowledging that he sought contributions from gambling interests during his 2006 campaign for state attorney general, Tyson reaffirmed his commitment to shutting down gambling operations in Alabama, and said even those run by Indians could eventually be closed.MONTGOMERY, Ala. -- Two Alabama casinos closed their doors temporarily, prompting Gov. Bob Riley to question if they are making changes in their machines in hopes of avoiding legal problems.

The closures coincided with the commander of the Governor's Task Force on Illegal Gambling, Mobile County District Attorney John Tyson Jr., acknowledging he got gambling donations in his unsuccessful race for attorney general in 2006.

In a meeting with Press-Register editors and reporters on Tuesday, Tyson defended the contributions and said he would continue working to shut down all casinos in Alabama, including those operated by Poarch Creek Indian Gaming.

"They're in play," Tyson said.

Unlike VictoryLand in Shorter and other state-regulated casinos, which can be raided by Alabama law enforcement, federal officials have jurisdiction over Indian venues, including the Wind Creek Casino & Hotel in Atmore. A spokesman for the National Indian Gaming Commission has said that as long as Alabama allows paper bingo, Indian casinos can have electronic versions of the game.

Tyson said he thought the task force could eventually get the electronic games removed from Indian casinos, if officials shut down all similar machines in the state's jurisdiction.

A PCI Gaming spokesman could not immediately be reached for comment Tuesday evening. The state's largest casino, VictoryLand, shut down its 6,000 machines Monday night, and the White Hall casino in Lowndes County closed the doors on its 900 machines Tuesday.

Gov. Bob Riley questioned whether both casinos closed to alter equipment and destroy evidence that could be used in a criminal case. He said both casinos should allow the media inside to ensure nothing is being destroyed.

White Hall's attorney, Joe Espy, said the casino closed because it didn't want to put employees and customers at risk of another raid by the Governor's Task Force on Illegal Gambling, such as what happened last March. The casino closed briefly after that raid, but then reopened.

Espy said no equipment is being altered. "We believe we are operating totally legal," he said Tuesday night. He said the casino plans to reopen, but the date is uncertain.

VictoryLand's attorney, Mark White, said the casino closed temporarily for computer changes that are not related to its electronic bingo machines. But he said the closure does prevent the Governor's Task Force on Illegal Gambling from raiding the casino without first getting a search warrant.

Also Tuesday, the governor defended Tyson after the disclosure by the Press-Register that Tyson received $100,000 in campaign contributions from Milton McGregor, the state's most prominent casino operator, in 2006.

McGregor said Monday that Tyson asked him for $150,000. Tyson told the Press-Register on Tuesday that he thought McGregor had remembered incorrectly, as Tyson's original request was $250,000.

Riley said the donation has not stopped Tyson from enforcing Alabama's gambling laws.

"It proves Milton McGregor or no one else is going to buy John Tyson," Riley said.

Asked why he sought McGregor's donations, Tyson told The Associated Press, "Mr. McGregor is a major player in elections in Alabama."

Tyson said he won't be slowed in his goal of shutting down illegal gambling machines statewide.

"We're coming. We're not going to allow illegal gambling and illegal bingo machines to operate in a few counties in Alabama when 62 other counties can't do it," he said in an interview.

Developments in Alabama's battle over electronic bingo were playing out as fast as the machines operate:

-- Several Democratic legislators called on the Republican governor to end his efforts to raid casinos. Sen. Quinton Ross, D-Montgomery, said Riley was wasting "hundreds of thousands of dollars at the time that the Great Recession is eating away at state revenue, and teachers and state employees are looking at layoffs and furloughs." Democratic Rep. Pebblin Warren of Tuskegee, who has the casino in her district, said many citizens were being put out of work in a very poor county.

-- An electronic bingo hall planned for the Birmingham suburb of Midfield delayed its opening after the Alabama Supreme Court ruled Friday that bingo machines planned for nearby Ashville would be illegal.

-- Country Crossing at Dothan, a tourist attraction with 1,700 electronic bingo machines that closed Friday, remained closed. No reopening date has been set.

-- The Alabama Supreme Court received the final arguments in the case that could clear the way for a raid at VictoryLand, but the justices did not immediately rule.

-- Legislators prepared to introduce a proposed constitutional amendment that would allow Alabama citizens to vote on keeping the games operating by regulating and taxing them. A sponsor, Rep. Marcel Black, D-Tuscumbia, said the bill will be introduced when a Senate filibuster breaks.

Tyson, a Democrat, was picked last month by Riley to replace the previous task force commander, who resigned after it came to light that he won $2,300 at an Indian casino in Mississippi.

Tyson told media outlets, including the Press-Register and the Dothan Eagle, last week that he did not knowingly take any money from gambling interests in 2006.

Tyson acknowledged Monday that he received the $100,000 from McGregor and said he thought the questions from reporters last week only pertained to donations from Indian gambling interests in Alabama.

Tyson conceded Tuesday that he also may have received donations from the Poarch Band of Creek Indians, which operates three Alabama casinos.

Tyson said he sought and received donations from veteran Montgomery lobbyist John Teague, and at the time all he knew was that Teague lobbied for many clients. Those clients include the Poarch Creek Indians, who donated to Teague's PACs.

"From looking at the details of that report, it appears some of that may be Creek Indian money," Tyson said Tuesday.

Under Tyson's leadership, more than 200 state police tried to raid VictoryLand and Country Crossing early Friday morning without search warrants, but pulled back amid legal questions.

Country Crossing closed its doors before police arrived, which prevented the task force from entering without a search warrant.

VictoryLand got a judge's order blocking a raid and continued operating until Monday night, when customers were suddenly told to leave because the casino needed to update its equipment.

Tyson said VictoryLand was violating Friday's court order, which prohibited the casino from destroying any evidence.

"McGregor clearly thinks he is above the law," Tyson said Tuesday.

The games at VictoryLand and other casinos are connected to computers because customers are supposed to compete against each other in bingo.

White, the VictoryLand attorney, said no evidence was being changed. He said the computer upgrades involve the food and beverage system, and had been planned for some time. "Mr. Tyson's comments are inaccurate," he said.

White, a former president of the Alabama State Bar, said the closure does prevent the task force from "conducting another pre-dawn raid without obtaining a search warrant."

Tyson has argued that the task force could raid an open casino without a search warrant if an officer was inside witnessing illegal activity.